USA Patent Applications
USA Patents General Information
The United States of America grants three types of patents.
- Plant Patents (Vegetal Kingdom) – Patent granted by the United States government to an inventor (or the inventor’s heirs or assigns) who has invented or discovered an asexually reproduced, and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. For more information regarding Plant Patents in the USA, press here.
- Design Patents -Patents granted by the USA Government to an inventor (or the inventor’s heirs or assigns) who has invented an ornamental design on or a particular external appearance of objects or products. For detailed information regarding Design Patents in the USA, press here.
- Utility Patents- Patents granted by the USA Government to an inventor (or the inventor’s heirs or assigns) who has invented a new and non-obvious machine, composition, process, or article of manufacture. There are two types of Utility Applications:
In the USA, Industrial Designs are protected indirectly, generally as Design Patents. For more information about the protection of Industrial Designs in the USA, press here.
Utility Patent Applications
a) Non-Provisional Utility Patent Applications
A NON-Provisional Utility patent Application discloses and claims a new and non-obvious machine, process, composition, or article of manufacture. The general process to obtain a Utility patent in the USA is outlined here.
In general terms and in reference to said outlined process, it consists of three main steps:
- Preliminary Evaluation of the Invention- illustrated in steps 1 to 6 of the diagram and includes:
- The preparation of a Detailed Description of the Invention;
- Perform a Prior Art Search;
- Perform a Preliminary Patentability Determination; and
- Deciding the Jurisdictions wherein the Client has determined to patent his or her invention.
- The Preparation, Presentation, and Examination of the Application
- Such processes are illustrated in steps 7 to 11 in the outlined diagram and are implemented following the Manual of Patent Examining Procedure or MPEP;
- To have a relative idea of the Examination time of Patent Applications, press here.
- Patent Maintenance- To preserve the patent rights, the Owner must pay three maintenance fees, see step 13 on the outlined diagram. For more details regarding Patent Maintenance press here
b) Provisional Utility Patent Applications
Provisional Utility Patent Applications are NOT examined. It discloses a new and non-obvious functional machine, process, composition, or article of manufacture that must be claimed in a Non-Provisional Application within 12 months from the filing date of the Provisional Application. For more detailed information regarding Provisional Applications press here.
Design Patent Applications
Design patent applications are different from Utility Applications, although the examination process is practically the same. It discloses and claims a new ornamental design of a given object. Once obtained, there are NO maintenance fees for design patents. For detailed information regarding design patents press here.
Plant Patent Application
(Vegetal Kingdom) – Patent granted by the United States government to an inventor (or the inventor’s heirs or assigns) who has invented or discovered asexually reproduced, distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. For more information press here.
Most Recurrent Services related to Patents in the USA
- Prior Art Searches
- Preliminary Patentability Determination
- Preparation and Presentation of Provisional Applications
- Preparation and Presentation of Non-Provisional Applications
- Preparation and Presentation of Design Applications
- Preparation and Presentation of Responses to Office Actions
- Presentation and Legal Representation of Foreign Patent Utility Applications
- Presentation and Legal Representation of Foreign Patent Design Applications
- Patents and Patent Applications Assignments
- Maintenance Fee Payments
- National Stage PCT Presentations
- PCT Preparation and Presentation
USA Official Patent Fees
Current official patent fees may be found here.
Said fees depend upon the content of the application and the classification or status of the Applicant within one of following three categories, according to the USPTO:
Large Entity Status– Ascribed to a Patent Applicant with 500 or more employees. The employee count would include any affiliates under the control of the applicant; for more information, see 13 CFR 121.103.
Small Entity Status- Attributed to a Patent Applicant with less than 500 employees, usually independent inventors, small business or nonprofit organizations, see 37 CFR 127 for detailed information press here.
Micro Entity Status– Assigned to a Patent Applicant that, besides being Small also complies with other requirements found here.
Approximate Service Fees related to Patent Services in the USA
- Non-Provisional Utility Patent Applications
Recurrent Services and Approximate Fees for Micro and Small Applicants - Provisional Utility Patent Applications
Recurrent Services and Approximate Fees for Micro and Small Applicants - Design Patent Applications
Recurrent Services and Approximate Fees for Micro and Small Applicants - US National Phase
Recurrent Services and Approximate Fees for Micro and Small Applicants entering the national phase in the USA
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